Example Cases Falling under Civil Litigation
The above list could go on, but it is clear from these examples that in many cases, disputes can reach a point where the only recourse is to sue, i.e., to pursue the claim we are legally entitled to through the official channels offered by the state.
Recent changes of the Hungarian Civil Procedural Act
It is natural that in such a case, we need a professional. Most lawyers practicing in Hungary will, if asked, undertake representation in litigation. However, in 2018, the new Civil Procedure Act, which sets out the rules governing civil litigation, introduced a number of substantial changes so that both the bringing of a claim and the effective conduct of litigation require new and specific skills and qualities from any legal professional.
Prior to 2018, in litigation, lawyers had a relatively "free hand," i.e., they did not have to be overly concerned with presenting their claim properly, submitting evidence on time, or making certain statements at the appropriate stage of the proceedings.
A Completely Revamped Act
This has changed fundamentally with the provisions of the new Act. The legislator has laid down very strict rules for each stage of the proceedings, and failure to comply with these rules can even result in losing the case. Accordingly, the decades-old practice (the previous Code had been in force with numerous amendments, but lacking a complete overhaul since 1952) cannot be continued. Civil proceedings, just as is the case with criminal matters, now require a serious preliminary litigation strategy if justice is to be obtained through apparatus of the state.
Beyond this, we should also keep in mind that litigation is fundamentally different from drafting a sales contract or just simply providing legal advice. These activities are in stark contrast with the so called 'courtroom situation' which requires a particular level of preparation.
Staying in Control in Unexpected Situations
During a trial, events are dynamic, and the acting lawyer must be able to respond immediately and professionally to any unexpected questions or situations, whether it be a question from the opposing party's representative or a situation arising out of the fact of how the judge directs the flow of the proceedings.
It is also of utmost importance to recognize that written documents are essentially "dead material", whereas the lawyer who speaks at the hearing is a living, breathing character. This means that in the courtroom, it is not only what we say that matters but also how we say it. The ability to speak with conviction, to argue logically and purposefully, is essential to presenting our case to the judge and thus ensure success.
Accordingly, in my experience, even if we are absolutely sure that the “truth” is on our side, it matters very little if the lawyer representing us is unable to convince the judge presiding over our case thereof.
Consult a Specialist!
In summation, litigation nowadays requires special expertise. Therefore, if there is a possibility that your dispute will end up in court, you should always try to find a lawyer who possesses the above-mentioned specific set of skills and knowledge.
